Dv act maintenance in change in circumstances

Wakle (Querist) 19 April 2018 This query is : Resolved
i.my wife file dv act on 28/1/13.Lower court order me 5000pm maintenance.Then Session court order me 24000pm.I did appeal in HC,HC order me 18000pm.But now im not service,loss in bussiness, . i get heart attack 2yrs back. Im not liable now 18000pm to my wife.my wife also file divorce case & asking me for permenant alimony of 30 lacs which one im not able to pay her.my question is 1)may i able to file case to reduce maintenance in dv act?according to which section.2)where to file case ? which type of court? 3) my wife file all cases in her district.in her district no family court. My district have family court. May i able to file case of reduce maintenance in my district family court?

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Ms.Usha Kapoor (Expert) 19 April 2018
Yeah! You can file for reduction of maintenance amount due to change of circumstances in your case. But it was an interim maintenance. You can't file DV case maintenance. Only women are authorized to file DV act proceedings. DV Act maintenance is a temporary measure.I advice both of you(wife)go to Lok Adalat which is attached to every district court and settle the alimony amount in a jiffy. It is cost effective and saves on time. No stamp duty and registration;. Its decree is final and conclusive from which no further appeal lies.Its binding on both the parties with LOK Adalat Seal.

Wakle (Querist) 20 April 2018
ok.thx madam.But she now file contested divorce case on basis of cruality & asking for 50lacs for one time permenant alimony. im not capable to give her such huge amount.i also want divorce. way to do now??can in divorce case passed such huge amount to pay her???Now dv act maintenance 18000pm which one difficult to me to pay to her then how i pay 50lacs money?????

Ms.Usha Kapoor (Expert) 20 April 2018
Is she highly qualified? If she is highly qualified and lazy to take up a job no maintenance is payable as it amounts to encouraging her laziness.. If she is gainfully employed also neither maintenance nor alimony is payable to her. You put before the family court your pension slip and pray the judge to fix a reasonable alimony out of pension amount. If you've any other assets also you should tell the judge. Similarly your lawyer cross examines her regarding her earning through some gainful employment, her assets or -properties etc and after seeing both sides property and income details the Judge fixes a reasonable amount of alimony for her.

P. Venu

(Expert) 20 April 2018
It is your advocate alone who can give a meaningful suggestion in the contexts outlined.

Wakle (Querist) 21 April 2018
thx all,she had authority to ask permenant one time settelment alimony to court or not?????

Guest (Expert) 24 April 2018
Hire good advocate and get the matter closed by way of mutual consent divorce. Dont waste your life on heart attacks for unworthy woman.

Ms.Usha Kapoor (Expert) 22 June 2018
I stick to my own views.

Ms.Usha Kapoor (Expert) 22 June 2018
I stick to my above view.

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